Chapter 16B.10
COMPREHENSIVE PLAN AND REGULATORY AMENDMENT PROCEDURES
Sections:
16B.10.060 Submittal Requirements.
16B.10.070 Timing of Amendments.
16B.10.080 Public Process and Notice.
16B.10.010 Purpose.
The purpose of this Chapter is to provide procedures and criteria for adopting, amending and updating the Yakima County Comprehensive Plan and the Yakima Urban Area Comprehensive Plan, as well as their respective implementing development regulations. Plan amendments may involve changes in the written text or policies of the plan, to the Policy Plan Maps, or to supporting documents, including capital facilities plans. Plan amendments will be reviewed in accordance with this Chapter, the state Growth Management Act (GMA), the Yakima County-wide Planning Policy, the goals and policies of the Yakima County Comprehensive Plan, local city comprehensive plans, inter-local agreements, applicable capital facilities plans, official population growth forecasts and growth indicators.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009: Ord. 4-2000 § 1 (part), 2000).
16B.10.020 Reserved.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009).
16B.10.030 Applicability.
(1) The criteria and requirements of this Chapter shall apply to all proposals for changes to comprehensive plan text, policies, map designations, major rezones or supporting documents and all implementing ordinances, in the unincorporated areas of Yakima County, unless specifically exempted. The following types of actions may be considered through the process set forth in this Section:
(a) Site-specific policy plan map changes including land use, Urban Growth Area boundaries, and mineral resources;
(b) Plan policy or other text changes;
(c) Changes to official controls intended to implement the goals and policies of the comprehensive plans.
(2) The criteria, but not the timing requirements, of this Chapter shall apply to plan amendments that are exempted from requirements for biennial concurrent review of plan amendments, per RCW 36.70A.130. These include:
(a) The initial adoption of a sub-area plan;
(b) The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;
(c) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a County or city budget;
(d) The adoption of comprehensive plan amendments necessary to enact a planned action under RCW 43.21C.031(2), provided that amendments are considered in accordance with the public participation program established under YCC 16B.10.080 Public Process and Notice and all persons who have requested notice of a comprehensive plan update are given notice of the amendments and an opportunity to comment;
(e) Amendments necessary to address an emergency situation;
(f) Amendments required to resolve a comprehensive plan appeal decision filed with a Growth Management Hearings Board or with the court.
(3) Site-specific policy plan map amendments apply to a limited geographical area controlled either by an individual property owner or all property owners within the designated area. The Administrative Official shall determine whether a proposal is site-specific or area-wide in scope. The ruling of the Administrative Official shall not be subject to appeal.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009: Ord. 4-2000 § 1 (part), 2000. Formerly 16B.10.020).
16B.10.040 Procedures.
(1) The Planning Commission may hold a meeting each year to report to the public on progress in implementing the comprehensive plan. At that time, the Planning Commission will accept oral and written public comments and suggestions from any interested party regarding changes needed in the comprehensive plan and development regulations.
(2) Plan and development regulation amendments other than site-specific rezones consistent with an adopted comprehensive or subarea plan shall be considered legislative actions and subject to the procedures in this Section, except when noted otherwise.
(3) Applications for plan amendments, with the exception of Urban Growth Area boundaries, will be considered on a biennial basis starting 2013 and must be submitted in writing, to the Planning Division, no later than January 31 in order to be considered for that biennium’s amendment process.
(4) Site-specific policy plan map changes not involving a change to Urban Growth Area boundaries may be initiated by the property owner(s) or any agent of the owner with proof of agency through a fee-paid application process, or by recommendation of the Planning Commission or Administrative Official. All site-specific policy plan map amendment requests will be docketed for further staff review and consideration by the County Planning Commission and the Board of County Commissioners.
(5) Applications for amendments to Urban Growth Area boundaries will only be considered at five-year intervals, after the Washington State Office of Financial Management’s 20-year GMA population projections for the County have been issued. After the OFM projections are issued, the population projections will be allocated to the cities, towns and the unincorporated areas within Yakima County in accordance with the County-wide Planning Policy after which the Administrative Official will conduct an analysis of all Urban Growth Areas within the County to determine their ability to accommodate the urban growth projected to occur during the OFM’s population projection period. Consideration of the analysis and any applications to amend Urban Growth Area boundaries may occur in the next possible plan amendment cycle as determined by the Administrative Official; provided that any city or town may postpone consideration of its Urban Growth Area boundary to a subsequent plan amendment cycle by notifying the Administrative Official in writing no later than January 31.
(6) Comprehensive plan and development regulation text amendments may be proposed by any party, including County staff, at any time to the Administrative Official.
(a) All such amendments, except those initiated by Yakima County, must be submitted in accordance with YCC 16B.10.060, Submittal Requirements, using the appropriate forms, but shall be forwarded to the Planning Commission for its docketing consideration at the discretion of the Administrative Official, unless an amendment is requested by the Board of County Commissioners necessary to remain consistent with state requirements.
(b) Following the annual meeting of the Planning Commission, the Administrative Official will compile a list of suggested changes, and will recommend to the Planning Commission which should be docketed for further consideration during the current amendment cycle, deferred for future research and consideration, or not pursued, each in accordance with his determination in YCC 16B.10.095(6). The Administrative Official shall provide the Board of County Commissioners with the Planning Commission’s recommendations regarding deferred items when setting the Planning Division work program for the next budget cycle.
(7) The Planning Commission shall provide an opportunity for public comment regarding the suggested text changes, and review them to determine whether they should be docketed to receive further review and consideration as part of the current year’s amendment cycle. A suggested amendment will not be docketed for further processing if the Planning Commission determines one or more of the following:
(a) The suggested amendment would likely cause environmental impacts that have not previously been analyzed or require additional review to determine impacts that cannot be completed within the required time frame.
(b) The suggested amendment would require additional analysis to determine capital facilities impacts and amendments that cannot be completed within the required time frame.
(c) The suggested amendment would require additional analysis to determine the appropriate land use designation that cannot be completed within the required time frame.
(d) The suggested amendment would involve an area that will be part of a sub-area planning process in the next two years.
(e) The suggested amendment has been previously reviewed by the Planning Commission or Board of County Commissioners, and circumstances have not substantially changed to support an additional review prior to a general plan update.
(f) The suggested amendment clearly violates a provision of the County-wide planning policies, a city comprehensive plan, the Yakima County Comprehensive Plan, the Yakima Urban Area Comprehensive Plan, the GMA or the SMA such that no further review is necessary or warranted.
(g) The suggested amendment is not sufficiently clear or well-defined to merit further review.
(h) The comprehensive plan is not the appropriate place to deal with this suggestion.
(i) It is not in the public interest to pursue the suggested amendment at the time.
(8) Either the Board of County Commissioners or the Planning Commission may initiate items for docketing and consideration as part of the biennial plan amendment cycle.
(9) The decision of the Planning Commission on whether to docket a proposed text amendment for additional review is not subject to appeal.
(10) The decision of the Administrative Official on whether to present to the Planning Commission a proposed development regulation text amendment for its docketing consideration is not subject to appeal.
(11) After the docket is set, the Planning Division shall conduct its review of the docketed plan amendments, including analysis of how the proposed amendment meets the criteria for the existing and proposed designation, as well as environmental review. No amendments shall be docketed after the publication of the notice of public hearing and environmental review. If the Planning Division or SEPA Responsible Official determines that any of the proposed amendments would require review of environmental impacts beyond the analysis in the Environmental Impact Statement for the comprehensive plan, such that additional analysis is required that cannot be completed within the amendment schedule, the proposed amendment shall be deferred until the next plan amendment cycle, and the Planning Commission and the applicant shall be so notified, in writing. Any unused fee deposit will be returned to the applicant at that time, and a new deposit will be required prior to the January 31 deadline of the following cycle to continue the application process.
(12) Following the recommendation of the Planning Commission regarding any amendment to a comprehensive plan or development regulation, the Board, at a regular or special agenda, may set either a public meeting or public hearing where it will consider the recommendation in the form of an ordinance, in accordance with Chapter 36.70 RCW.
(a) At the public meeting, the Board may adopt the recommendation without change, reject the recommendation, or deem that a change in the recommendation is necessary.
(b) If the Board deems that a change to the recommendation is necessary, a public hearing shall be set prior to adopting any changes to the recommendation, to consider the changes proposed by the Board, following all applicable procedures of Chapter 36.70 RCW, such as procedures for notification and adoption.
(c) Legislative Enactments Not Restricted. Nothing in this section or the permit processing procedures shall limit the authority of the BOCC to make changes to the County’s comprehensive plan, as part of a regular revision process, or to make changes to the County Code.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009: Ord. 4-2000 § 1 (part), 2000. Formerly 16B.10.030).
16B.10.060 Submittal Requirements.
All requests for plan amendments or for amendments to development regulations shall be made in writing using the application submittal documents provided by the Yakima County Planning Division and shall include the following information. Applications not containing the required information will not be accepted:
(1) Site specific policy plan map amendments:
(a) Completed application form and any other documents deemed necessary by the Administrative Official, provided by the Planning Division, signed by the legal owner or by a representative authorized to do so by written instrument submitted with the form.
(b) Signed agreement to pay fees and the required deposit per the adopted fee schedule.
(c) Parcel number(s) of the subject property.
(d) Site plan or map(s) of the subject property which indicate the approximate location of all existing buildings, vegetation, roads, critical areas, and the land use of adjacent properties.
(e) Written narrative stating the reasons for the plan amendment and how the proposed plan amendment meets the applicable criteria in Section 16B.10.095(1).
(f) Completed and signed SEPA checklist.
(2) Plan or development regulation text amendments:
(a) Completed application form and any other documents deemed necessary by the Administrative Official, provided by the Planning Division, signed by the applicant.
(b) Suggested amendment.
(c) Written narrative including the reasons for the suggested amendment and how it meets the applicable criteria in Section 16B.10.095(5).
(d) Any supporting documentation.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009: Ord. 4-2000 § 1 (part), 2000. Formerly 16B.10.050).
16B.10.070 Timing of Amendments.
(1) The comprehensive plan shall be amended no more frequently than once every two years as set forth by YCC 16B.10.040 and RCW 36.70A.130(2)(a). Applications for site-specific or text amendments to the comprehensive plan must adhere to the time periods and procedures established in this Chapter as described in Section 16B.10.040(3).
(2) The plan amendment process may be suspended by the Board during a general plan or code update process.
(3) Pre-application conferences can be held at any time; however, applications for amendments to policy plan map, text or development regulations will only be accepted before close of business on the last business day in January. Items received after the January deadline will be processed in the next biennial amendment cycle.
(4) At its March meeting following the January deadline, the Planning Commission will review the suggested plan text changes for docketing and those development regulation text changes recommended by Administrative Official for docketing consideration. When the Planning Commission has completed its review, it will set the docket of proposed amendments.
(5) The Planning Division shall establish timelines for additional review and consideration by the Planning Commission and Board of County Commissioners to ensure that the plan amendment process is finished prior to December 31st of each year.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009: Ord. 4-2000 § 1 (part), 2000. Formerly 16B.10.060).
16B.10.080 Public Process and Notice.
To provide for the opportunity of citizens to suggest and make comments on docketed amendments, the following public notice and outreach provisions shall be completed during each plan or development regulation amendment process.
(1) Notice of the plan or development regulation amendment process deadlines shall be publicized through:
(a) A general mailing to interested parties,
(b) Posting on the Public Services Web site,
(c) Notice in the County’s newspaper of record and other print media as appropriate,
(d) Press releases to the media,
(e) Posting of information at the Planning Division and other office areas of the County where interested parties may conduct business.
(2) Initial notice of submitted applications will be posted on the Yakima County Public Services web site and in the Planning Division’s offices.
(3) Site-specific policy plan map amendments shall follow the notification procedures of Section 16B.05.030 of this Code.
(4) Additional public notification may be undertaken by the Planning Division, if it determines that it is in the public interest to do so.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009: Ord. 4-2000 § 1 (part), 2000. Formerly 16B.10.070).
16B.10.090 Major Rezones.
Legislative rezones necessary to maintain consistency between the comprehensive plan policy plan map and the official zoning map shall be completed concurrently with the plan amendment process wherever appropriate. Major rezones shall not require additional fees or review processes. Rezones completed as part of the plan amendment process shall be reviewed against the criteria as for plan amendments in Section 16B.10.095 of this code, and YCC Section 19.36.040 and must be consistent with the requested plan designation as indicated in Table 19.36-1. Rezones not requiring a plan amendment are subject to the Minor Rezone procedures of YCC Section 19.36.030 and consistency with Table 19.36-1.
(Ord. 6-2014 § 2 (Exh. A)(part), 2016: Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009: Ord. 4-2000 § 1 (part), 2000. Formerly 16B.10.080).
16B.10.095 Approval Criteria.
(1) The following criteria shall be considered in any review and approval of amendments to Yakima County Comprehensive Plan Policy Plan Maps:
(a) The proposed amendment is consistent with the Growth Management Act and requirements, the Yakima County Comprehensive Plan, the Yakima Urban Area Comprehensive Plan and applicable sub-area plans, applicable city comprehensive plans, applicable capital facilities plans and official population growth forecasts and allocations;
(b) The site is more consistent with the criteria for the proposed map designation than it is with the criteria for the existing map designation;
(c) The map amendment or site is suitable for the proposed designation and there is a lack of appropriately designated alternative sites within the vicinity;
(d) For a map amendment, substantial evidence or a special study has been furnished that compels a finding that the proposed designation is more consistent with comprehensive plan policies than the current designation;
(e) To change a resource designation, the policy plan map amendment must be found to do one of the following:
(i) Respond to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies; or
(ii) Better implement applicable comprehensive plan policies than the current map designation; or
(iii) Correct an obvious mapping error; or
(iv) Address an identified deficiency in the plan. In the case of Resource Lands, the applicable de-designation criteria in the mapping criteria portion of the land use subchapter of Yakima County Comprehensive Plan, Volume 1, Chapter I, shall be followed. If the result of the analysis shows that the applicable de-designation criteria has been met, then it will be considered conclusive evidence that one of the four criteria in paragraph (e) has been met. The de-designation criteria are not intended for and shall not be applicable when resource lands are proposed for re-designation to another Economic Resource land use designation;
(f) A full range of necessary public facilities and services can be adequately provided in an efficient and timely manner to serve the proposed designation. Such services may include water, sewage, storm drainage, transportation, fire protection and schools;
(g) The proposed policy plan map amendment will not prematurely cause the need for nor increase the pressure for additional policy plan map amendments in the surrounding area.
(2) The following criteria shall be considered in any review and approval of changes to Urban Growth Area (UGA) boundaries:
(a) Land Supply:
(i) The amount of buildable land suitable for residential and local commercial development within the incorporated and the unincorporated portions of the Urban Growth Areas will accommodate the adopted population allocation and density targets;
(ii) The amount of buildable land suitable for purposes other than residential and local commercial development within the incorporated and the unincorporated portions of the Urban Growth Areas will accommodate the adopted forecasted urban development density targets within the succeeding twenty-year period;
(iii) The Planning Division will use the definition of buildable land in YCC 16B.02.045, the criteria established in RCW 36.70A.110 and .130 and applicable criteria in the Comprehensive Plan and development regulations;
(iv) The Urban Growth Area boundary incorporates the amount of land determined to be appropriate by the County to support the population density targets;
(b) Utilities and services:
(i) The provision of urban services for the Urban Growth Area is prescribed, and funding responsibilities delineated, in conformity with the comprehensive plan, including applicable capital facilities, utilities, and transportation elements, of the municipality;
(ii) Designated Ag. resource lands, except for mineral resource lands that will be reclaimed for urban uses, may not be included within the UGA unless it is shown that there are no practicable alternatives and the lands meet the de-designation criteria set forth in the comprehensive plan.
(3) Land added to or removed from Urban Growth Areas shall be given appropriate policy plan map designation and zoning by Yakima County, consistent with adopted comprehensive plan(s).
(4) Cumulative impacts of all plan amendments, including those approved since the original adoption of the plan, shall be considered in the evaluation of proposed plan amendments.
(5) Plan policy and other text amendments including capital facilities plans must be consistent with the GMA, SMA, CWPP, other comprehensive plan goals and policies, and, where applicable, city comprehensive plans and adopted inter-local agreements.
(6) Prior to forwarding a proposed development regulation text amendment to the Planning Commission for its docketing consideration, the Administrative Official must make a determination that the proposed amendment is consistent with the GMA, CWPP, other comprehensive plan goals and policies, and, where applicable, city comprehensive plans and adopted inter-local agreements.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012: Ord. 9-2009 § 2 (Exh. 1) (part), 2009: Ord. 3-2003 § 4, 2003: Ord. 4-2000 § 1 (part), 2000. Formerly 16B.10.040, 16B.10.050).